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Patna High CourtCR. MISC./18636/2023bail granted

Dablu Kumar @ Dablu Sharma v. The State Of Bihar

2023-05-16Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18636 of 2023 Arising Out of PS. Case No.-158 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== Dablu Kumar @ Dablu Sharma aged about 31 years, Male, s/o- Ghanshyam Tanti @ Ghanshyam Sharma Village- Fatehpur Ps- Gogari Dist- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in connection with Barauni P.S. Case No. 158 of 2019 dated 08.04.2019 registered for the offence punishable under Sections 364, 302, 201/34 of the Indian Penal Code.

The prosecution case, in short, is that brother of the informant namely, Mahesh Kumar Tanti had gone to his friend's house namely Sajan Sharma and told that he would come tomorrow. Thereafter, the Mobile Phone of brother of the informant got switched off and he was traceless. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.18636 of 2023(2) dt.16-05-2023 2/3 petitioner is innocent and has been falsely implicated in this case. It is also submitted that the petitioner has not committed any offence in the manner alleged and he is not named in the F.I.R.. The petitioner has been made accused in this case only on the basis of confessional statement of co-accused Ranjan Sah. Further it is submitted that Pawan Sharma has been granted bail by a Co-ordinate Bench of this Court on 27.11.2020 vide Criminal Miscellaneous No. 24150 of 2020 on whose confessional statement petitioner has been made accused. It is submitted that other accused person, namely, Ranjan Sah vide Criminal Miscellaneous No. 25402 of 2020 has been granted bail and in another case vide Criminal Miscellaneous No. 22551 of 2021, Rinki Devi has also been granted bail by a Coordinate Bench of this Court. The petitioner is in custody since 08.09.2022 and charge-sheet has been submitted in the case. The petitioner has no criminal antecedent.

Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.18636 of 2023(2) dt.16-05-2023 3/3 learned C.J.M. Begusarai in connection with Barauni P.S. Case No. 158 of 2019.

(Khatim Reza, J) prabhat/- U